If you have been charged with a criminal offense like aggravated assault, stalking, harassment, terroristic threats, criminal mischief or simple assault you might also be facing what is known as a Final Restraining Order Hearing (FRO) as well. Although a final restraining order is technically considered civil in nature, the consequences if issued could be even more devastating then a conviction on the criminal charges. Typically, a final restraining order hearing will occur if following an incident of domestic violence, the victim requests and is granted what is known as a temporary restraining order (TRO). The hearing will occur in the Chancery Division, Family Part of County Superior Courthouse where the incident of domestic violence occurred. Therefore, if you or a loved one was involved in a domestic violence incident in Madison, Parsippany, Dover, Mendham, Rockaway, Mountain Lakes, Chatham or Montville, your matter would be heard in the Morris County Superior Courthouse, which is located in Morristown New Jersey. In addition, this matter is supposed to be heard within ten (10) days of issuing the TRO.
Often times individuals over look the importance of a Final Restraining Order Hearing due to the fact that the charges are not criminal in nature. If an FRO is entered, a Defendant may be removed from their home, forbidden to see their children, heavily fined and lose their ability to ever own weapons again. In addition, if a FRO is entered, it is considered permanent and cannot be removed unless the victim petitions the court’s themselves or if the Defendant files a motion to vacate the FRO. The Law Office of Jonathan F. Marshall has been representing clients in FRO hearings in Morris County for over a decade. Our office has over 200 years of combined experience on staff, including years of prior prosecuting experience. Since these hearings are technically truncated trials, they require the skill set of an experienced criminal trial attorney. If you would like to discuss your options with any one of the eight Morris County domestic violence defense attorneys on staff, please contact our Morristown office at 973.309.7050.
Final Restraining Order Attorneys in NJ
In order for the victim to obtain an FRO they must prove three things by a preponderance of the evidence standard. They are as follows:
- An underline predicate act of domestic violence occurred;
- Assault (Simple or Aggravated);
- Stalking;
- Harassment;
- Criminal Mischief;
- Terroristic Threats;
- Homicide;
- Sexual Assault;
- Criminal Sexual Contact;
- Kidnapping;
- False Imprisonment;
- Criminal Restraint;
- Lewdness;
- Burglary;
- Criminal Trespass.
- A prior history of domestic violence exists &
- A FRO is necessary to protect the victim from immediate danger or further acts of domestic violence.
Although the Courts have made it clear that one single act of domestic violence could be enough to justify issuing a FRO, they typically require all three elements to be meet. This hearing will be conduct very similar to a bench trial. The victim will be required to put on their case, they will be subject to cross examination by defense counsel and of most importance, each side will be required to follow the rules of evidence. As a result an experienced criminal defense attorney can make a huge difference in the outcome. They can pick apart the victims cases piece by piece in an effort to disprove each an every element.
Domestic Violence Lawyers in Morristown NJ
If you or a loved one has been issued a temporary restraining order and is required to appear in court for a final restraining order hearing, the Law Office of Jonathan F. Marshall can help. Our team of experienced criminal defense attorneys have the trial experience required to successfully defend your rights. If you would like to discuss your options with any one of the eight Morristown domestic violence defense lawyers on staff, please contact our office at 973.309.7050. Our attorneys are well equipped to handle not only the underline criminal charges but also the FRO as well.